Sec. 50-170. Representation of indigent persons; duties.
(a) Except as otherwise provided, the municipal public defender shall represent as counsel, without charge, except as provided in section 50-171, each indigent person who is under arrest or charged with committing a violation of the Charter or a municipal ordinance, if:
(1) The defendant requests it and he or she complies with subsection (b) of this section; and
(2) The court, on its own motion or otherwise, so orders and the defendant does not affirmatively reject, of record, the opportunity to be represented by legal counsel in the proceeding. When appointed by the court, the municipal public defender shall be limited to defending the indigent person. The public defender shall not be appointed to act as advisory counsel. The court shall not appoint a public defender to represent a defendant if such defendant does not fall within the fiscal standards established by the supreme court for appointment of public defenders or if such person is determined to be partially indigent.
(b) The initial determination of indigence shall be made by the municipal public defender, subject to a final determination by the court. When a defendant requests representation by a public defender, such person shall submit an appropriate application, the form of which shall state that such application is signed under oath and under the penalty that a false statement may prosecuted as such. A nonrefundable application fee, set in accordance with section 2-587 of the Code, shall be paid at the time the application is submitted, and no application shall be accepted without payment of the fee, except that the court may, based upon the financial information submitted, waive the fee if the person is in custody or the court determines that the person does not have the financial resources to pay the fee. Before the court appoints a public defender based on the application, the court shall advise the defendant that the application is signed under oath. A copy of the application shall be sent to the prosecuting attorney for review, and upon request the court shall hold a hearing on the issues of the eligibility for appointment of the public defender's office. Application fees collected pursuant to this section shall be transmitted to the general fund of the City.
(c) When representing an indigent person, the municipal public defender shall:
(1) Counsel and defend him or her whether he or she is held in custody or charged with a municipal Code or Charter violation, at every stage of the proceedings following arrest, detention, or service of process; and
(2) Only upon order of court shall the municipal public defender represent an indigent in an appeal after the conviction. The court may review the financial status of the convicted party in order to determine the continuing need for public defender representation upon appeal. The court shall not consider the propriety or merit of an appeal in determining whether to provide continued representation by the public defender.
(d) Notwithstanding any other provision of this Code, the municipal pubic defender shall not represent any indigent defendant, and the court shall not order the municipal public defender or any other attorney to represent an indigent defendant when:
(1) The ordinance or Charter violation of which the defendant is accused does not provide for jail as a potential penalty;
(2) The office of the city attorney informs the court that it shall not request jail as a punishment if the defendant is convicted of the ordinance or Charter violation with which he or she is charged, in which case the municipal court shall be prohibited from imposing jail for conviction; or
(3) Any other reason or basis exists that the defendant will not be sentenced to jail upon conviction of the involved municipal ordinance or Charter violation. (Code 1979, § 25-64; Ord. No. 2009-21, § 1, 6-8-2009)